EPSG PLATINUM SERVICE GROUP
OPTIX

TERMS & CONDITIONS

THESE TERMS WERE MODIFIED ON JANUARY 1, 2016.

THE EPSG PLATINUM SERVICE GROUP OPTIX PROGRAM IS OPEN ONLY TO INDEPENDENT SALES ORGANIZATIONS OF EVO MERCHANT SERVICES, LLC, EPIC SERVICES GROUP, LLC, AND EPSG PLATINUM SERVICE GROUP, LLC (HEREINAFTER COLLECTIVELY REFERRED TO AS “SPONSOR”, “SPONSORS”, “EVO” OR “EPSG”). THIS IS A COMMERCIAL PROGRAM AND IS NOT OPEN TO THE GENERAL PUBLIC AND IS VOID WHERE PROHIBITED.

GENERAL DESCRIPTION:

EPSG PLATINUM SERVICE GROUP Optix (hereinafter referred to as the “Program” or “Incentive Program”) is a Sales Incentive Program consisting of the following three (3) components:

PROGRAM PERIOD:

This Program begins at 12:00:00 AM Eastern Time (ET) on January 1, 2014. Each sales incentive component is governed by the following periods:

ELIGIBILITY:

You are only eligible to participate in this Program if you meet all of the following criteria:

Additional eligibility requirements may include program specific criteria including but not limited to the following:

REGISTRATION:

To register for membership in the Program and set up your account ("Optix Rewards Account" or “Rewards Account”) during the Program Period, you must register at www.optix.goepsg.com To register you must use a computer with internet access to access the website and then you must enter the information requested. While registering, you must accept the Program terms and conditions, after which registration is complete upon successful submission. Only the registered individual will be able to accrue rewards. Sponsor shall have no liability for any printing, production, typographical, mechanical or other errors in any Program materials distributed by Sponsor or its agents, for any delay or failure to credit average annual sales margin data to member accounts or for any failure to provide account summaries as outlined herein. Sponsor reserves the right to invalidate average annual margin data from an ISO’s Rewards Account without prior notice if it determines in its sole discretion that such data was improperly credited to such ISO's Rewards Account or were obtained fraudulently or otherwise in violation of these Terms. Sponsor reserves the right to delay the processing or redemption of any awards without notice in order to assure compliance with the Terms outlined herein. By participating in the Program, registrants are responsible for maintaining the confidentiality of their Rewards Account and password and ISO agrees to accept responsibility for all activities that occur under ISO's Rewards Account or password. Without limiting any other remedies, Sponsor may suspend or terminate any Rewards Account if Sponsor suspects in its sole discretion that any ISO or other person has engaged in fraudulent activity in connection with this Program. Any failure to abide by the Terms or any policies or procedures implemented by Sponsor, any conduct detrimental to Sponsor or its agents, or any misrepresentation or fraudulent activities in connection with this Program, or failure to act in a manner consistent with federal, state, or local laws, regulations or ordinances, may result, in addition to any rights or remedies available to Sponsor in law or equity, in the termination of membership in the Program, as well as forfeiture of any and all benefits accrued to date, in Sponsor's sole discretion.

DEFINITIONS:

Attrition Percentage” shall mean percentage decrease in Merchant accounts over a calendar year.

Award” shall mean to give or order the giving of (something) as an official payment, compensation, or prize.

Contest” shall mean a “skill” promotion where winners are determined based on meeting program goals.

Equipment” shall mean ANY EQUIPMENT (Credit Card Terminals and Pin Pads) THAT IS PURCHASED FROM EPSG.

EVO” or “EPSG” shall mean collectively EVO MERCHANT SERVICES, LLC, EPIC SERVICES GROUP, LLC, AND EPSG PLATINUM SERVICE GROUP, and their respective successors and assigns.

EVO Equivalent” or “EE” shall mean $720 annualized Margin.

EVO Merchant Services, LLC” shall mean an EVO Merchant Services ISO working with EPSG.

Funding Solutions” shall mean ANY CASH ADVANCE/FUNDING COMPANY ENDORSED AS AN EPSG PARTNER.

Incentive Program” shall mean the Program described herein designed to enhance performance of ISO’s by awarding various tiers of rewards.

Independent Sales Organization” or “ISO” shall mean an independent sales organization in the business of developing and maintaining revenue generating customer relationships who independently markets the services and equipment of EPSG and EVO MERCHANT SERVICES, LLC, and has a valid Independent Sales Organization Agreement with EPSG and EVO MERCHANT SERVICES, LLC that is in full force and effect.

ISO Split” shall mean allocation of revenue between EPSG and EVO MERCHANT SERVICES, LLC and ISO above Schedule A items cost.

Marketing Platform” shall mean any marketing/gift/loyalty company endorsed by EPSG.

Margin” shall mean revenue paid to ISO above Schedule A expenses plus any revenue paid to ISO by EPSG and EVO MERCHANT SERVICES, LLC pursuant to a Referral Agreement.

Merchant” shall mean a person or entity engaged in a retail business for profit who enters into a Merchant Processing Agreement with EPSG and EVO MERCHANT SERVICES, LLC.

Participant” shall mean an eligible ISO that has signed up to participate in the Program.

Payroll” shall mean EPSG partners who refer or re-sell Payroll Services that is endorsed by EPSG.

POS” shall mean EPSG partners who refer or re-sell POS that is endorsed by EPSG.

Refer” shall mean when an ISO creates warm lead and enters lead into lead landing page for EPSG and 3rd party product to manage/close. Leads will be tracked and updated.

Resell” shall mean any product endorsed by EPSG.

Residuals” shall mean Income an ISO generates above the Schedule A expenses with the ISO split applied.

Rewards” shall mean a tangible item (e.g., gift, cash) given in recognition of one's service, effort, or achievement.

Schedule A” shall mean the Schedule A annexed to an ISO’s Independent Sales Organization Agreement which identifies the costs for processing items provided to an ISO.

Security” shall mean EPSG and EVO MERCHANT SERVICES, LLC. partners with Trustwave for security solutions (PCI and EMV).

Sweepstakes” shall mean a “chance” promotion where winners are selected via random drawings.

Trained” shall mean when an ISO completes training on product - training may be in the form of a live or recorded webinar or EPSG University Course. Completion of training will be determined by EPSG management. More complex product may require Course certification in which case the ISO must complete and pass a post assessment.

EPSG LEGACY

A multi-year program designed to reward ISO’s with future cash payments based on their annual sales Margin (as stated within a respective ISO’s Schedule A), and is conditioned upon ISO’s compliance with eligibility criteria as stated above.

Tiers of bonus and vesting schedule are noted below:

Conditions:

EPSG ELITE - Take a Break

DESCRIPTION: A program designed to reward top ISOs on a quarterly basis. The one (1) top selling performer at the end of each quarter will win a weekend getaway. The top performer will be determined by how many accounts were submitted by the individual sales partner during that quarter. Each account submitted and receives an approved MID will count as 1 submission.

AWARD: One (1) Top Selling Perform per quarter (four (4) total award winners) will each receive a weekend getaway for two (2) plus dinner with an ESPG executive. ARV: $2,500.00. Award will include:

  1. Round-trip coach class airfare for two (2);
  2. Hotel accommodations for two (2) nights (one standard room double occupancy);
  3. Meals (two (2) dinners (one with an ESPG executive at a restaurant selected by ESPG executive), two (2) breakfasts, and two (2) lunches;
  4. Daily planned activities determined by Sponsor; and
  5. Transportation while in destination city.

Weekend getaway city determined by ESPG in it sole discretion.

AWARD RECIPIENT: will be notified within 2 weeks of the closure of each quarter.

Term & Conditions of trip:

EPSG ESCAPE

Success at EVO comes from setting measurable goals and thinking long term. We reward people who think this way and want to motivate our ISO’s by offering the opportunity to join us at the annual business conference. This is a two part Contest and Sweepstakes.

An active ISO will qualify based on the actual number of months they represented EPSG during the calendar year. For example, an ISO who is active and has been an ISO for 7 months during this period, the average would be the revenue generated during those 7 months.

CONTEST: All active ISO’s are invited to attend the annual meeting.

Less than $3,239 average monthly Margin Invited (ISO must pay all trip expenses – Travel and Hotel)
$3,240 average monthly Margin Free Hotel
$4,320 average monthly Margin Free Hotel & Air
$5,400 average monthly Margin Free Hotel, Air & $500
$6,480 average monthly Margin Trip for 2 Hotel and Air

Condition of Contest prizes:

Available packages include:

  • Package 1 $3,240 average monthly Margin – Hotel Only for one (1) person
  • Package 2 $4,320 average monthly Margin – Hotel Plus Roundtrip Airfare for one (1) person
  • Package 3 $5,400 average monthly Margin – Hotel, Roundtrip Airfare and $500 Cash for one (1) person
  • Package 4 $6,480 average monthly Margin – Trip for two (2) including Hotel and Roundtrip Airfare
  • Airfare is Roundtrip coach class airfare from a major International Gateway airport closest to ISO’s home.
    Hotel is one (1) standard room double occupancy for 3 days, 2 nights.

    The trip will be forfeited if:

  • Winner is not available to travel on dates specified by Sponsor.
  • Winner and guest, if applicable, cannot travel on the same itinerary.
  • The proper travel documents are not obtained by the winner and guest, if applicable, by the date specified by Sponsor.
  • Alliance Partners are not eligible for the EPSG annual business conference trip.
  • Additional conditions:

  • Winner and guest, if applicable, must possess and are responsible for obtaining and must have valid ID or other required documentation for any travel.
  • Guest traveling with prize winner must be at time of trip the age of majority in his/her state of residence unless he/she is the child of the prize winner, in which case the trip prize winner or other parent or legal guardian of such minor travel companion must sign a release on his/her behalf. If guest is the child of the trip prize winner, child must be at least 13 years of age at the time of travel.
  • Winner and guest, if applicable, must not have any medical, legal or any other reason that would prevent them from taking the trip.
  • Winner and guest, if applicable, are responsible for obtaining any travel insurance (and all other forms of insurance) that they may wish to obtain at their own expense and hereby acknowledges that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance.
  • Winner is bound by the terms and conditions of all airlines, hotels and other third party service providers used in connection with the Prize.
  • Sponsor is not responsible: if tickets, travel vouchers, certificates, or other similar items that are lost, stolen, or misplaced by Winner and will not be replaced; or if booked transportations are missed for any reason.
  • The travel Prizes do not include any other incidentals not mentioned in these Official Rules such as, but not limited to, ground transportation, special seating assignments, baggage fees, alcoholic beverages, food, gratuities and tips, insurance, laundry service, merchandise, parking, room service, service charges, souvenirs and telephone calls. All other expenses not stated herein as part of the prize are the winner’s sole responsibility.
  • Exact dates and locations are subject to change, and are at the sole discretion of Sponsor. Travel must be completed on dates specified by Sponsor. Actual value of the trip depends on winner’s residence or departure city. Specifics of prize package are subject to availability and Sponsor’s sole discretion. Complete terms and conditions of trip will be furnished with prize notification. Other restrictions may apply.
  • SWEEPSTAKES:

    An opportunity to earn entries into the sweepstakes by doing what you do every day - selling!

    See chart below for: [1] What products are eligible to earn you entries into the sweepstakes; [2] Who is eligible to earn entries into the Sweepstakes; [3] How many entries you receive based on the product sold; and [4] the added incentive to entries by bundling product sales.

    EPSG reserves the right to update products that are eligible to earn participants entries into the Sweepstakes at their sole discretion at any time. If a product is added or removed from eligibility these terms will be updated accordingly and a notification will be provided to all participants.

    [1] ELIGIBLE PRODUCTS [2] WHO'S ELIGIBLE [3] HOW MANY ENTRIES AN ISO RECEIVES IN THE OPTIX ESCAPE SWEEPSTAKES PER PRODUCT SOLD
    PAYROLL ISOs can be partnered with PAYROLL COMPANY reps and refer. ISOs in select markets can become certified re-sellers and sell. Managers will have to receive and complete training on Payroll Services REFERRAL - .50 entry
    RESELL - 1 entry
    POS ISOs can refer to an account to EPSG POS partner or attend and complete training in order to re-sell. Managers will have to attend and complete training. REFERRAL - .50 entry
    RESELL - 1 entry
    MARKETING PLATFORM ISOs and Managers should complete training prior to reselling this product. RESELL GIFT - 1 entry
    RESELL LOYALTY - 2 entries
    GIFT AND LOYALTY - 3 entries
    EQUIPMENT ISOs and Managers should complete training prior to reselling this product. SELL - .5 entry
    LEASE - 2 entries into Optix Escape
    PLACE - .5 entry into Optix Escape
    FUNDING SOLUTIONS ISOs and Managers can refer or resell, but will need to attend and complete training in order to resell. REFERRAL - .50 entry
    RESELL - 1 entry
    SECURITY ISOs and Managers will resell our security products, but will need to attend and complete training on the products RESELL - 1 entry
    [4] ADDED INCENTIVE

    IF ISO SELLS* 2 OR MORE PRODUCTS BESIDES BANKCARD, OPTIX ESCAPE ENTRIES WILL MULTIPLY ACCORDING TO THE NUMBER OF PRODUCTS REFERRED OR SOLD:

    MULTIPLIER:
    2 PRODUCTS = MULTIPLIER OF 2
    3 PRODUCTS = MULTIPLIER OF 3
    4 PRODUCTS = MULTIPLIER OF 4

    EXAMPLE:
    POS SALE (1 entry)
    +
    GIFT and LOYALTY (3 entries)
    +
    SECURITY (1 entry)
    =
    15 ENTRIES INTO OPTIX ESCAPE

    *PERTAINS TO CLOSED PRODUCT DEALS THAT WERE EITHER REFERRED TO EPSG/3RD PARTY PRODUCT OR SOLD BY THE ISO

    To enter the Sweepstakes portion of this Program without an EPSG Equivalent, hand-print your name, address, city, state, zip code, your valid EPSG ISO number (required), daytime phone number, and email address (required) on a plain 3” x 5” piece of paper, place in a stamped envelope and mail to: EPSG Optix Program, 515 Broadhollow Road, Melville, NY 11747. If a valid EPSG ISO number is not included on your mail-in entry it will be disqualified. Limit of one entry per mailing envelope. There is a maximum limit of five (5) mail-in entries per month. Envelopes containing multiple entries will be disqualified. Sponsor is not responsible for lost, late, damaged, delayed, destroyed, misdirected, incomplete, illegible, mutilated, or postage due mail. Photocopies, mechanically reproduced, forged or altered mailed entries and facsimiles are void. Incomplete or illegible entries are not eligible. All entries become the property of the Sponsor and will not be returned. No entries may be submitted on behalf of another person.

    RANDOM DRAWING:

    Fifteen (15) days prior to the annual business conference, Participants will be notified of the number of EPSG Equivalents they have earned.

    A random drawing will be conducted from among all eligible entries earned during the Sweepstakes Period under the supervision of Sponsor whose decisions are final and binding in all matters relating to this Sweepstakes. The odds of winning a prize depend upon the total number of eligible entries earned by the end of the Sweepstakes Period.

    WINNER NOTIFICATION:

    Potential winners will be notified at the EPSG annual business conference when the potential winners are selected. You must be present at the conference to win. Potential winners will be required to complete and sign an Affidavit of Eligibility and Liability Release and; where legal, a Publicity Release (collectively the “Affidavit”), which must be returned within seven (7) days from prize notification date or the prize will be forfeited and awarded to an alternate potential winner. Potential winners will also be required to complete an IRS Form W-9 and furnish his/her social security number that will be used only for the purpose of reporting the Winner’s prize earnings to the Internal Revenue Service, as required by law. If the potential winner (i) cannot be contacted after a reasonable attempt has been made (as determined in Sponsor’s sole discretion); (ii) fails to timely return the required paperwork without alteration and in the form presented by Administrator; (iii) refuses the prize; and/or (iv) the prize or prize notification is rejected or returned as undeliverable, such potential winner forfeits all rights to be deemed a winner in the Sweepstakes and receive the prize, then that potential prize winner will be disqualified and an alternate winner will be selected through a random drawing by the Administrator from the remaining entries. Prizes must be accepted as awarded. If the prize is won by an eligible individual who is not of the legal age of majority in their state of residence (“minor”), the required documents must be confirmed and signed by winner’s parent or legal guardian. Except where prohibited by law, the winner’s entry and acceptance of the prize constitutes permission for the Sponsor to use said winner’s name, photograph, likeness, statements, and biographical information without further compensation.

    PRIZES:

    Total ARV of all prizes: $40,500.00.

    Prizes that are not available at the annual business conference (i.e the Vespa) will be shipped to the winners home address within 6 – 8 weeks of being confirmed a winner.

    Sponsor reserves the right to cancel or postpone the annual business conference for any reason. Should such happen, the Sweepstakes drawing will then occur at a date and time in Sponsor’s sole determination. EPSG does not assume any risk of inclement weather (including travel delays resulting in the cancellation or postponement of any booked travel) or any other circumstance precluding travel. All prizes and rewards are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) by Sponsor. No substitutions, cash equivalents (except those as specifically stated in the prize details above), or transfer of prize permitted except at the sole discretion of the Sponsor, who reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, in its sole discretion. Limit one Sweepstakes prize per ISO.

    HOW WE CALCULATE PAYOUTS:

    All monthly figures presented are based on actual revenue; the qualifications for each Tier within the EPSG Legacy and EPSG Elite Programs are based on actual Margins generated; however Elite is based on the average actual Residual income over the course of 2 months between conference periods. This annual Margin to qualify will be calculated once per calendar year, after the twelfth (12th) month to lock in the ISO Tier for that period of time. EPSG decisions on Margin calculations are final.

    PAYMENT:

    As each Tier of reward is achieved for EPSG Legacy, EPSG will provide notification and redemption instructions.

    GENERAL TERMS:

    Program incentives/awards must be accrued on an individual basis and only the registered Participant may accumulate incentives in his/her account. Participants are not allowed to claim incentives/awards on behalf of other Participants. Participants in this Program will not, for any purposes, be considered an employee or agent of EPSG. Participation in this Program will not be construed as granting any right under any EVO or EPSG employee benefit plan or otherwise.

    Some ISO’s or ISO businesses may prohibit or restrict the ability of individual employees to participate in incentive programs or to accept prizes and/or incentives/rewards. In such event, at the Sponsor’s discretion, the prize or reward may be deemed forfeited and not awarded.

    Neither EPSG nor it’s respective affiliates, subsidiaries, or Internet access providers are responsible for incorrect entry of information by participants in the EPSG Optix program; technical malfunctions of any telephone network, fax or computer equipment software or any combination thereof; lost/delayed data transmission; or award claims, invoices or other materials that are mailed and are illegible, lost, damaged, postage due, or misdirected. All Participants agree that Sponsor, its agents, representatives and employees will have no liability whatsoever for any injuries, losses, or damages of any kind resulting from participation in the EPSG Optix Program or acceptance, possession, or use of earned awards. This Program is void where prohibited by law. If EPSG determines in its sole discretion that there is any suspected or actual tampering with the EPSG Optix Program, or if technical difficulties compromise the integrity of the promotion, the Sponsor, at its sole discretion, reserves the right to cancel or modify the promotion without any advance notice. Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of the EPSG Optix Program is a violation of criminal and civil laws, and should such an attempt be made, the Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor shall not be responsible for printing, typographical, clerical, or other errors in any promotional related materials, or in the administration of the Program. Registered Participants consent to the use of their name, and/or photograph for promotional purposes, without additional compensation, except where prohibited by law.

    TAX LIABILITY:

    Any personal tax liability in connection with the receipt and/or use of a prize, reward and/or award incentives are the responsibility of the Participant.

    CHANGES TO PROGRAM STRUCTURE:

    The Program structure is subject to modification or limitation at any time, with or without notice, in Sponsor's sole discretion, including, without limitation, the right to establish additional means of accruing average annual Margin the right to modify and delete any or all of the recognized means of accruing average annual Margin existing at any given time, the right to change the rewards available and their values and types and the rewards redemption terms, and the right to exclude specific types of performance criteria from Program eligibility.

    CANCELLATION:

    EPSG reserves the right to monitor all Participants’ account activity. EPSG reserves the right to terminate a Participant’s enrollment in the Program, without notice, due to misrepresentation, noncompliance with the Program rules or any other aspect of the Program or any conduct detrimental to the interests of EPSG and/or the Program. Without limiting the generality of the foregoing, if at any time EPSG reasonably determines that a Participant has engaged in any fraud or abuse concerning EPSG redemptions, the Participant account will be terminated, including forfeiture of all accumulated incentives, and legal action may be undertaken by EPSG. A Participant that has been awarded cash incentives in error or believes its account has been the subject of fraud shall contact EVO immediately at (866) 373-2249 Option 5.

    EPSG reserves the right to totally or partially cancel or change the Program, with or without prior notice. Program cancellation notice will be provided on Program website at www.optix.goepsg.com EPSG reserves the right to approve, deny or revoke participation in the Program to any individual for any reason whatsoever. If the Program is discontinued, all incentives accumulated by a Participant will be awarded in accordance of the terms and conditions. EPSG will use reasonable efforts to ensure that sufficient prior warning is given should the Program be cancelled, by posting such changes on this website, but will not be responsible for any losses or damages caused by its cancellation or modification.

    GOVERNING LAW:

    These Terms and Conditions and the Program will be interpreted, construed and enforced, and governed in all aspects in accordance with the exclusive jurisdiction and laws of the State of New York. Any claim, action, lawsuit, proceeding, or cause of action arising under or relating to these Terms and Conditions and/or the Program will be brought exclusively in a court in Suffolk County, NY. This Program is void where prohibited or restricted.

    SPONSOR:

    EPSG Platinum Services, 515 Broadhollow Road, Melville, NY 11747.

    Jeep, American Express and Vespa are not a sponsor of this Program nor are they associated with or endorse this Program in any way.